ALLOTMENTS FOR STATES AND TERRITORIES FOR FISCAL YEARS 2009 THROUGH 2013.

SEC. 102. ALLOTMENTS FOR STATES AND TERRITORIES FOR FISCAL YEARS 2009 THROUGH 2013. Section 2104 (42 U.S.C. 1397dd) is amended—(1) in subsection (b)(1), by striking “subsection (d)” and inserting “subsections (d) and (m)”;(2) in subsection (c)(1), by striking “subsection (d)” and inserting “subsections (d) and (m)(4)”; and(3) by adding at the end the following new subsection:“(m) Allotments for Fiscal Years 2009 Through 2013.—“(1) For fiscal year 2009.—“(A) For the 50 states and the district of columbia.—Subject to the succeeding provisions of this paragraph and paragraph (4), the Secretary shall allot for fiscal year 2009 from the amount made available under subsection (a)(12), to each of the 50 States and the District of Columbia 110 percent of the highest of the following amounts for such State or District:“(i) The total Federal payments to the State under this title for fiscal year 2008, multiplied by the allotment increase factor determined under paragraph (5) for fiscal year 2009.123 STAT. 12“(ii) The amount allotted to the State for fiscal year 2008 under subsection (b), multiplied by the allotment increase factor determined under paragraph (5) for fiscal year 2009.“(iii) The projected total Federal payments to the State under this title for fiscal year 2009, as determined on the basis of the February 2009 projections certified by the State to the Secretary by not later than March 31, 2009.“(B) For the commonwealths and territories.—Subject to the succeeding provisions of this paragraph and paragraph (4), the Secretary shall allot for fiscal year 2009 from the amount made available under subsection (a)(12) to each of the commonwealths and territories described in subsection (c)(3) an amount equal to the highest amount of Federal payments to the commonwealth or territory under this title for any fiscal year occurring during the period of fiscal years 1999 through 2008, multiplied by the allotment increase factor determined under paragraph (5) for fiscal year 2009, except that subparagraph (B) thereof shall be applied by substituting ‘the United States’ for ‘the State’.“(C) Adjustment for qualifying states.—In the case of a qualifying State described in paragraph (2) of section 2105(g), the Secretary shall permit the State to submit a revised projection described in subparagraph (A)(iii) in order to take into account changes in such projections attributable to the application of paragraph (4) of such section.“(2) For fiscal years 2010 through 2012.—“(A) In general.—Subject to paragraphs (4) and (6), from the amount made available under paragraphs (13) through (15) of subsection (a) for each of fiscal years 2010 through 2012, respectively, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for each such fiscal year as follows:“(i) Growth factor update for fiscal year 2010.—For fiscal year 2010, the allotment of the State is equal to the sum of—“(I) the amount of the State allotment under paragraph (1) for fiscal year 2009; and“(II) the amount of any payments made to the State under subsection (k), (l), or (n) for fiscal year 2009,multiplied by the allotment increase factor under paragraph (5) for fiscal year 2010.“(ii) Rebasing in fiscal year 2011.—For fiscal year 2011, the allotment of the State is equal to the Federal payments to the State that are attributable to (and countable towards) the total amount of allotments available under this section to the State in fiscal year 2010 (including payments made to the State under subsection (n) for fiscal year 2010 as well as amounts redistributed to the State in fiscal year 2010), multiplied by the allotment increase factor under paragraph (5) for fiscal year 2011.123 STAT. 13“(iii) Growth factor update for fiscal year 2012.—For fiscal year 2012, the allotment of the State is equal to the sum of—“(I) the amount of the State allotment under clause (ii) for fiscal year 2011; and“(II) the amount of any payments made to the State under subsection (n) for fiscal year 2011,multiplied by the allotment increase factor under paragraph (5) for fiscal year 2012.“(3) For fiscal year 2013.—“(A) First half.—Subject to paragraphs (4) and (6), from the amount made available under subparagraph (A) of paragraph (16) of subsection (a) for the semi-annual period described in such paragraph, increased by the amount of the appropriation for such period under section 108 of the Children’s Health Insurance Program Reauthorization Act of 2009, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for such semi-annual period in an amount equal to the first half ratio (described in subparagraph (D)) of the amount described in subparagraph (C).“(B) Second half.—Subject to paragraphs (4) and (6), from the amount made available under subparagraph (B) of paragraph (16) of subsection (a) for the semi-annual period described in such paragraph, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for such semi-annual period in an amount equal to the amount made available under such subparagraph, multiplied by the ratio of—“(i) the amount of the allotment to such State under subparagraph (A); to“(ii) the total of the amount of all of the allotments made available under such subparagraph.“(C) Full year amount based on rebased amount.—The amount described in this subparagraph for a State is equal to the Federal payments to the State that are attributable to (and countable towards) the total amount of allotments available under this section to the State in fiscal year 2012 (including payments made to the State under subsection (n) for fiscal year 2012 as well as amounts redistributed to the State in fiscal year 2012), multiplied by the allotment increase factor under paragraph (5) for fiscal year 2013.“(D) First half ratio.—The first half ratio described in this subparagraph is the ratio of—“(i) the sum of—“(I) the amount made available under subsection (a)(16)(A); and“(II) the amount of the appropriation for such period under section 108 of the Children’s Health Insurance Program Reauthorization Act of 2009; to“(ii) the sum of the—“(I) amount described in clause (i); and123 STAT. 14“(II) the amount made available under subsection (a)(16)(B).“(4) Proration rule.—If, after the application of this subsection without regard to this paragraph, the sum of the allotments determined under paragraph (1), (2), or (3) for a fiscal year (or, in the case of fiscal year 2013, for a semi-annual period in such fiscal year) exceeds the amount available under subsection (a) for such fiscal year or period, the Secretary shall reduce each allotment for any State under such paragraph for such fiscal year or period on a proportional basis.“(5) Allotment increase factor.—The allotment increase factor under this paragraph for a fiscal year is equal to the product of the following:“(A) Per capita health care growth factor.—1 plus the percentage increase in the projected per capita amount of National Health Expenditures from the calendar year in which the previous fiscal year ends to the calendar year in which the fiscal year involved ends, as most recently published by the Secretary before the beginning of the fiscal year.“(B) Child population growth factor.—1 plus the percentage increase (if any) in the population of children in the State from July 1 in the previous fiscal year to July 1 in the fiscal year involved, as determined by the Secretary based on the most recent published estimates of the Bureau of the Census before the beginning of the fiscal year involved, plus 1 percentage point.“(6) Increase in allotment to account for approved program expansions.—In the case of one of the 50 States or the District of Columbia that—“(A) has submitted to the Secretary, and has approved by the Secretary, a State plan amendment or waiver request relating to an expansion of eligibility for children or benefits under this title that becomes effective for a fiscal year (beginning with fiscal year 2010 and ending with fiscal year 2013); and“(B) has submitted to the Secretary, before the August 31 preceding the beginning of the fiscal year, a request for an expansion allotment adjustment under this paragraph for such fiscal year that specifies—“(i) the additional expenditures that are attributable to the eligibility or benefit expansion provided under the amendment or waiver described in subparagraph (A), as certified by the State and submitted to the Secretary by not later than August 31 preceding the beginning of the fiscal year; and“(ii) the extent to which such additional expenditures are projected to exceed the allotment of the State or District for the year,subject to paragraph (4), the amount of the allotment of the State or District under this subsection for such fiscal year shall be increased by the excess amount described in subparagraph (B)(i). A State or District may only obtain an increase under this paragraph for an allotment for fiscal year 2010 or fiscal year 2012.“(7) Availability of amounts for semi-annual periods in fiscal year 2013.—Each semi-annual allotment made under 123 STAT. 15 paragraph (3) for a period in fiscal year 2013 shall remain available for expenditure under this title for periods after the end of such fiscal year in the same manner as if the allotment had been made available for the entire fiscal year.”.